Can an elderly stepparent adopt in Colorado?

Yes, an older stepparent can adopt in Colorado. The adopting-parent rule in C.R.S. § 19-5-202 sets a minimum age of 21 and states no maximum. Whether a court looks at age in a particular case is a question for the District Court clerk in your county or an attorney.

If your stepchild is under 18:

• Court: You file in District Court, in your county of residence or where the placement agency is located (C.R.S. §§ 19-5-201, 19-5-204).
• Residency: Colorado has no minimum residency period.
• Home study: Colorado does not require one for stepparent adoptions (C.R.S. § 19-5-209(1)).
• Child's consent: A child who is 12 or older must consent.
• Absent parent: If the other biological parent has had no meaningful contact for 12 months, that is the abandonment period set out in C.R.S. § 19-5-203(1)(d)(II). A contested case or an unknown parent depends on the facts, so ask the clerk or an attorney.
• Timeline and fees: A stepparent adoption typically takes 3-6 months. Court filing fees typically run $200-$500.

If your stepchild is an adult: This is often where older couples and families land, to formalize a bond that has lasted for years. Colorado permits adult adoption in two ways:

• Ages 18 to 20: With court approval, a person in this range may be adopted as a child, and the child-adoption provisions apply (C.R.S. § 19-5-201).
• Any adult age: An adult can be adopted "as heir at law" under C.R.S. § 14-1-101. The decree declares the person your heir at law, entitled to inherit as if born to you, and it may change the adoptee's name. The sections we reviewed list no relationship condition for this route.

How consent works for an adult adoptee:

• The person being adopted is served with a summons and must file a written answer that either consents or disclaims.
• If they disclaim, the petition is dismissed.
• If the adoptee cannot give consent because of mental incapacity, a